Question about Gunbroker and possibility of a Straw Purchase

[Travis Daniel]

Ok people I have a buddy that is wanting a kimber for his birthday. His wife has come to me to see if I would use my gunbroker account to buy the gun and then she would pay for it. My question is: Would this be considered a straw purchase if I use my gunbroker account, but she pays for it with her credit card, and then when it arrives he goes and picks it up and has it transferred to him? I don't see a problem with it but I want your opinions. thanks

 

[the1kidd03]

Ok people I have a buddy that is wanting a kimber for his birthday. His wife has come to me to see if I would use my gunbroker account to buy the gun and then she would pay for it. My question is: Would this be considered a straw purchase if I use my gunbroker account, but she pays for it with her credit card, and then when it arrives he goes and picks it up and has it transferred to him? I don't see a problem with it but I want your opinions. thanks

Nope, done it before. As long as the ACTUAL PURCHASER of the firearm is filling out the 4473 at the local FFL, it doesn't matter who "mails of the payment."

 

[netsecurity]

Nope, done it before. As long as the ACTUAL PURCHASER of the firearm is filling out the 4473 at the local FFL, it doesn't matter who "mails of the payment."

That sounds right. As long as they pay and fill out the federal paperwork, then whatever gunbroker account you use should be of no consequence, since I do not believe the government relies on gunbroker's records. However, even if they are legally permitted to own the gun, and you file the federal paperwork with the INTENT to turn around and sell it directly to the third parry, then you are breaking a serious law. There's no reason you couldn't buy it for yourself, and then later decide to sell it to someone else, of course, but you've already stated this is not the case.

"In the context of United States federal gun laws, a straw purchase is defined as any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is acting as a proxy for another person. The law does not distinguish between someone who is purchasing on behalf of a person who legally cannot purchase or possess a firearm, and one who is not."

 

[Mgderf]

Perfectly legal, as long as your buddy, NOT you, and NOT his wife, but your buddy, fills out the 4473 form and goes through the background check, then your dog can pay for it. Well, he could if he had the funds.

As stated above, you run into trouble when YOU go through the background check with the intent to then transfer it to someone else.

 

[sloughfoot]

A real straw purchase is buying a firearm for a person that is prohibited from owning or possessing a firearm. Buying a firearm and then gifting it later to a spouse or child is hardly a straw purchase. Buying a firearm then later selling it to somebody else with a 4473 is not a straw purchase.

The "straw" purchase law is very clear on this distinction. The wording inlcudes the phrase "to someone who cannot otherwise legally possess a firearm".

 

[JettaKnight]

Perfectly legal, as long as your buddy, NOT you, and NOT his wife, but your buddy, fills out the 4473 form and goes through the background check, then your dog can pay for it. Well, he could if he had the funds.

As stated above, you run into trouble when YOU go through the background check with the intent to then transfer it to someone else.

Not sure about this, in fact I think you're wrong. I routine buy guns for my wife. Buying for family (close) is far different than buy for a buddy.

As for GB, All they know is that JettaKnight (whoever the heck that is!) won the bid. They get paid and send the gun to a dealer (key point).

 

[Clay]

Perfectly legal, as long as your buddy, NOT you, and NOT his wife, but your buddy, fills out the 4473 form and goes through the background check, then your dog can pay for it.

Not true.

You can buy a gun for a gift for someone and fill out the 4473. YOU are the one buying the gun. You're not there to buy the gun for someone with their money.

 

[KG1]

A real straw purchase is buying a firearm for a person that is prohibited from owning or possessing a firearm. Buying a firearm and then gifting it later to a spouse or child is hardly a straw purchase. Buying a firearm then later selling it to somebody else with a 4473 is not a straw purchase.

The "straw" purchase law is very clear on this distinction. The wording inlcudes the phrase "to someone who cannot otherwise legally possess a firearm".

I believe sloughfoot is on the money with this one.

 

[KG1]

The actual buyer/transferee has to be the one to fill out the 4473.

http://www.atf.gov/forms/download/atf-f-4473-1.pdf

a. Are you the actual buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you.

 

[sloughfoot]

deleted to start a new thread.

 

[Electronrider]

My wife gave me a card with a picture of a handgun in it, she said "Merry Christmas". Had to wait for 2 days to get to the shop to fill out the paperwork.

 

[JetGirl]

your dog can pay for it. Well, he could if he had the funds.

Shows what YOU know!!




























A dog ain't got no opposable thumbs to open a little wallet!!

 

[itsgreg]

Sloughfoot is correct
The "straw" purchase law is very clear on this distinction. The wording includes the phrase "to someone who cannot otherwise legally possess a firearm".

I know many people that have bought guns for other people.
My buddy has his own gun shop and around X-mas people buy them all the time as gifts. As long as the person your buying the gun for can legally purchase the gun on their own, its legal.